PREM SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner is facing trial in challan, titled, State vs. Prem Singh and another for commission of offence under Sec. 376-D and 109 RPC arising out of FIR bearing No. 101/2018 registered with Police Station Reasi. The petitioner had earlier filed a bail application before the court of Learned Sessions Judge, Reasi (hereinafter to be referred as the trial court). The learned trial court vide order dtd. 28/7/2020, dismissed the bail application on the ground that the evidence cannot be appreciated at this stage and further in view of the bar as contained in Sec. 497-C Cr.P.C.

(2.) The petitioner is seeking the bail through the medium of the present bail application, primarily, on the ground that the statement of the prosecutrix has been recorded and her statement does not inspire any confidence and further that the said FIR was registered by prosecutrix, whose husband is facing criminal trial in challan titled State vs. Kashmir Singh for commission of offence under sec. 376-D RPC in which the allegation against the husband of the prosecutrix is with regard to the commission of offence of rape with the minor daughter of nine and a half years of age of the petitioner.

(3.) Response stands filed by the respondents in which the factual aspects of the case have been narrated and it has been further submitted that the evidence cannot be appreciated at this stage.